Agenda and minutes

Cabinet - Tuesday, 4th August 2015 6.00 p.m.

Venue: Lancaster Town Hall

Contact: Liz Bateson, Democratic Services - telephone (01524) 582047 or email  ebateson@lancaster.gov.uk 

Items
No. Item

8.

Minutes

To receive as a correct record the minutes of Cabinet held on Tuesday, 23 June 2015 (previously circulated). 

Minutes:

The minutes of the meeting held on Tuesday 23rd June 2015 were approved as a correct record.

 

9.

Items of Urgent Business Authorised by the Leader

To consider any such items authorised by the Leader and to consider where in the agenda the item(s) are to be considered. 

Minutes:

The Chairman advised that there were no items of urgent business.

 

10.

Declarations of Interest

To receive declarations by Members of interests in respect of items on this Agenda. 

Members are reminded that, in accordance with the Localism Act 2011, they are required to declare any disclosable pecuniary interests which have not already been declared in the Council’s Register of Interests. (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting). 

Whilst not a legal requirement, in accordance with Council Procedure Rule 10 and in the interests of clarity and transparency, Members should declare any disclosable pecuniary interests which they have already declared in the Register, at this point in the meeting. 

In accordance with Part B Section 2 of the Code Of Conduct, Members are required to declare the existence and nature of any other interests as defined in paragraphs 8(1) or 9(2) of the Code of Conduct. 

 

Minutes:

Councillor Hanson declared an interest with regard to the Lancaster Business Improvement District (BID) Renewal Draft Proposal report, in view of her appointment to the BID Management Group. (Minute 11 refers).

 

 

11.

Public Speaking

To consider any such requests received in accordance with the approved procedure. 

 

Minutes:

Members were advised that there had been no requests to speak at the meeting in accordance with Cabinet’s agreed procedure.

 

Councillor Hanson had declared an interest with regard to the following item in view of her appointment to the BID Management Group.

12.

Lancaster Business Improvement District (BID) Renewal - Draft Proposal pdf icon PDF 270 KB

(Cabinet Member with Special Responsibility Councillor Hanson)

 

Report of Chief Officer (Regeneration & Planning)

Additional documents:

Minutes:

(Cabinet Member with Special Responsibility Councillor Hanson)

 

Cabinet received a report from the Chief Officer (Regeneration and Planning) which provided context and information for the endorsement of proposals for a Lancaster Business Improvement District Renewal Ballot in November 2015, as required by statute.  The report updated members on potential pre and post ballot issues and resource implications in relation to the City Council’s role in the BID renewal process.

 

The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:

 

 

Option 1: : Do nothing (Put off decision until the production of Final Renewal Proposals)

 

Option 2:Endorse the draft BID Renewal Proposals with endorsement of final BID Renewal Proposals delegated to the Chief Executive.

Option 3:Request material amendments to the draft Renewal Proposal for consideration/ endorsement at a future Cabinet meeting.

Advantages

No advantages.

 

Early notice that the proposals are technically sound and final document is likely to be compatible with BID Regulations and council policy.

Allows for minor and/or non-material technical amendments via officer scrutiny of final document. 

Allows Lancaster BID to develop its pre-election canvassing strategy and marketing/publishing activities around the BID Renewal Proposals with confidence.

 

Appropriate if Members consider (based on the draft), a Final Renewal Proposal would be vetoed and that material changes are required.

Allows for revised proposals to come forward which are compatible with council policy and regulatory requirements

 

Disadvantages

Creates uncertainty for Lancaster BID.

Creates difficulties for Lancaster BID in developing its pre-ballot canvassing strategy and marketing/publishing activities around the BID Renewal Proposals.

 

No disadvantages identified.

Reputational implications for council if proposals are not endorsed without good reason.  Potential delays Lancaster BID’s commitment to pre-ballot canvassing strategy and marketing/publishing activities around the BID Renewal Proposals.

Risks

September Cabinet is the last date proposals can formally be endorsed for a November ballot to be enacted under statutory notifications.

If there are issues with Final Renewal Proposal compliance at this stage a ballot could be delayed with knock on implications for Lancaster BID in terms of canvassing and for the council in terms of dealing with operational matters in the new year arising from a late ‘Yes’ ballot

 

No guarantee that BID Renewal Ballot will be successful.

 

The onus would be on Lancaster BID to address any issues and prepare a technically/policy compatible Final Renewal Proposal.

Risks are as Option 1 in that September Cabinet is the last date proposals can formally be endorsed for a November ballot to be enacted under statutory notifications.

 

             

On submission of a Final Renewal Proposal the local authority is obliged to endorse the BID proposal and approve it to go forward to a ballot if it meets the regulatory and policy tests mentioned in paragraph 2.3 of the report. The draft proposals provide a good indication of whether it is likely the council will need to use its veto powers.  

The draft proposals do not conflict with any published council polices and a successful BID should  ...  view the full minutes text for item 12.

13.

Accountable Body Authorisation for Community Groups pdf icon PDF 332 KB

Report of Chief Officer (Environment)

Minutes:

(Cabinet Member with Special Responsibility Councillor Smith)

 

Cabinet received a report from the Chief Officer (Environment) to consider whether to approve delegated responsibility for the Chief Officers (Environment) and (Resources) to authorise and accept external funding applications and for the Council to act as the accountable body for community bodies working to improve facilities on council owned land.

 

The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:

 

 

Option 1:  Delegate Responsibilities as outlined

Option 2: Seek Cabinet approval on each individual basis

Advantages

As there are so many projects in this area of work. This will save time, allowing officers to focus on supporting the community and delivery of the corporate objective for green spaces.

 

It will allow groups to respond quickly to opportunities which arise.

 

Projects are usually funded by three or four different funding bodies.  Delegated responsibility will provide flexibility when pulling funding packages together.

 

Enables quick applications to go in to maintain community interest.

 

Allows consideration of specific budgetary pressures and commitment of future budgets as and when bidding opportunities arise.

 

Disadvantages

Annual commitments against existing budget levels may be incurred, reducing future scope to make savings in those areas.

 

It does not provide the flexibility and responsiveness which is required for these small scale community projects. Some funding is available at short notice which does not easily fit into council procedures and timescales.

 

Due to the quantity of projects and funding applications – the officer time in complying with these requirements on a project by project basis.

 

 

Risks

There will be no immediate risk regarding ongoing maintenance costs as this will be addressed at the start of any project, but would be risk associated with committing future years’ budgets, potentially.

 

There is a risk that the group don’t fulfil their requirements and the funding is reclaimed – Officers work very closely with groups to ensure this does not happen.  Acting as the accountable body also allows us to have more control over funding requirements, procurement procedures, quality of work, etc. that may reduce long term risks to the council.

Loss of funding opportunities due to the required timescales.

 

Loss of community interest due to the required timescales especially when funding has been secured and needs spending by a certain date.

 

The preferred option is option 1 as it enables the Council to respond more quickly to securing funding for these relatively small scale community projects and the risks and consequences are considered manageable.

 

Councillor Clifford proposed, seconded by Councillor Leytham:-

 

“That the recommendations, as set out in the report, be approved with July 2019 revised to July 2017 in recommendation (3)”.

 

Councillors then voted:-

 

Resolved unanimously:

 

(1)       That Cabinet delegates authority to the Chief Officer (Environment), in agreement with the Section 151 Officer, to approve the making and acceptance of external funding bids above the key decision threshold where:

-         any such bid is for the purposes of improving public open space in the District;  ...  view the full minutes text for item 13.

14.

Corporate Performance Monitoring Quarter 4 2014/15 pdf icon PDF 380 KB

(Cabinet Member with Special Responsibility Councillor Blamire)

 

Report of Chief Officer (Governance)

Additional documents:

Minutes:

(Cabinet Member with Special Responsibility Councillor Blamire)

 

Cabinet received a report from the Chief Officer (Governance) which presented the corporate performance monitoring report for Quarter 4 of the 2014/15 performance monitoring cycle and an analysis of the complaints received during 2014/15, as well as providing an update on ongoing business improvement work on corporate business travel and vehicle tracking arrangements.

 

The report was for comments and noting.

 

Councillor Hanson proposed, seconded by Councillor Newman-Thompson:-

 

“That the report be noted.”

 

Councillors then voted:-

 

Resolved unanimously:

 

 

(1)  That the report be noted.

 

Officers responsible for effecting the decision:

 

Chief Officer (Governance)

 

Reasons for making the decision:

 

The Council’s Performance Management Framework requires the regular reporting of operational, as well as financial performance.

 

15.

Urgent Business Report pdf icon PDF 207 KB

(Cabinet Member with Special Responsibility Councillor Blamire)

 

Report of Chief Officer (Governance)

Additional documents:

Minutes:

(Cabinet Member with Special Responsibility Councillor Blamire)

 

Cabinet received a report from the Chief Officer (Governance) to advise Members of actions taken by the Chief Executive, in consultation with the relevant Cabinet Members and requested Cabinet to consider lifting the exemption on the Urgent Business report dated 4th July 2015 with regard to the Visitor Information Centre, The Platform, Morecambe.

 

It was proposed by Councillor Newman-Thompson, seconded by Councillor Smith and resolved unanimously:-

 

“That the exemption on the urgent business report be lifted.”

 

It was then proposed by Councillor Bryning, seconded by Councillor Newman-Thompson and resolved unanimously:-

 

“That recommendation (1) as set out in the report, be approved.”

 

Resolved unanimously:

 

 

(1)  That the exemption on the Urgent Business Report (Visitor Information Centre – The Platform, Morecambe) dated 4th July 2015 be lifted.

 

(2)  That the actions taken by the Chief Executive in consultation with the relevant Cabinet Members in accordance with the Scheme of Delegation, in respect of the following be noted:-

 

(1)       That Officers be authorised to acquire the unexpired 999 year lease for the VIC Offices at the Platform, Morecambe, either through pre-auction negotiations or through participation in the auction, subject to a maximum valuation ceiling of £310K.

(2)    That the Capital Support Reserve be used to finance any acquisition, with any additional incidental costs being met from existing revenue budgets.

(3)    That (1) and (2) above be subject to consultation being undertaken  with a view to waiving call in, in accordance with Overview and Scrutiny Procedure Rule 17, to enable the decision to be implemented immediately.

Officer responsible for effecting the decision:

 

Chief Officer (Governance)

 

Reasons for making the decision:

 

The exemption was lifted because the reason for the exemption, i.e. not to prejudice the Council’s position at auction, was no longer applicable. The Council’s bid was not successful and the premises were sold for £323,000.

 

The decision fulfils the requirements of the City Council’s Constitution in advising Cabinet of urgent decisions taken by the Chief Executive in accordance with the City Council’s Scheme of Delegation.

 

16.

Exclusion of the Press and Public

This is to give further notice in accordance with Part 2, paragraph 5 (4) and 5 (5) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 of the intention to take the following item(s) in private. 

 

Cabinet is recommended to pass the following recommendation in relation to the following item(s):- 

 

“That, in accordance with Section 100A(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following item(s) of business, on the grounds that they could involve the possible disclosure of exempt information as defined in paragraphs 1 and 2 of Schedule 12A of that Act.” 

 

Members are reminded that, whilst the following item(s) have been marked as exempt, it is for Cabinet itself to decide whether or not to consider each of them in private or in public.  In making the decision, Members should consider the relevant paragraph of Schedule 12A of the Local Government Act 1972, and also whether the public interest in maintaining the exemption outweighs the public interest in disclosing the information.  In considering their discretion Members should also be mindful of the advice of Council Officers. 

Minutes:

It was moved by Councillor Hanson and seconded by Councillor Newman-Thompson:-

 

“That, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business, on the grounds that it could involve the possible disclosure of exempt information as defined in paragraphs 1 and 2 of Schedule 12A of that Act.”

 

Members then voted as follows:-

 

Resolved unanimously:

 

(1)        That, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business, on the grounds that it could involve the possible disclosure of exempt information as defined in paragraphs 1 and 2 of Schedule 12A of that Act. 

 

The Chief Officers (Resources), (Environment) (Governance) and the Principal Democratic Support Officer left the meeting at this point and were not present during the discussion of, or the voting on, the following item.

17.

Reorganisation of the Office of the Chief Executive

(Cabinet Member with Special Responsibility Councillor Blamire)

 

Report of Chief Executive

Minutes:

(Cabinet Member with Special Responsibility Councillor Blamire)

 

Cabinet received a report from the Chief Executive to enable Cabinet to consider a revised structure for the Chief Executive’s Office.  The report was exempt from publication by virtue of paragraphs 1 and 2 of Schedule 12a of the Local Government Act 1972.

 

The options, options analysis, including risk assessment and officer preferred option, were set out in the exempt report.

 

Councillor Hanson proposed, seconded by Councillor Leytham:-

 

“That having considered the content and recommendations within the report, Cabinet resolve to defer consideration of the senior leadership and organisation structure issues set out until after a replacement Chief Executive has been recruited.”

 

Councillors then voted:-

 

Resolved unanimously:

 

 

(1)  That having considered the content and recommendations within the report, Cabinet resolve to defer consideration of the senior leadership and organisation structure issues set out until after a replacement Chief Executive has been recruited.

 

 

Officer responsible for effecting the decision:

 

Chief Executive

 

Reasons for making the decision:

 

Cabinet felt that it would be more appropriate for this to be considered following the appointment of the new Chief Executive.